DOCSLIB.ORG

UNITED STATES DISTRICT COURT for the DISTRICT of COLUMBIA UNITED STATES of AMERICA V. MICHAEL T. FLYNN, Defendant Crim. No

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
UNITED STATES DISTRICT COURT for the DISTRICT of COLUMBIA UNITED STATES of AMERICA V. MICHAEL T. FLYNN, Defendant Crim. No Case 1:17-cr-00232-EGS Document 150 Filed 01/07/20 Page 1 of 33 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA UNITED STATES OF AMERICA v. Crim. No. 17-232 (EGS) MICHAEL T. FLYNN, Defendant UNITED STATES’ SUPPLEMENTAL MEMORANDUM IN AID OF SENTENCING The United States of America, by and through its attorney, the United States Attorney for the District of Columbia, hereby respectfully submits its Supplemental Memorandum in Aid of Sentencing for defendant Michael T. Flynn. In its initial sentencing memorandum, the government recommended that the defendant receive a sentence at the low end of the Guidelines range. See Government’s Memorandum in Aid of Sentencing, United States v. Flynn, No. 17-cr- 232 (D.D.C. Dec. 4, 2018) (Doc. 46) (“Gov’t Sent’g Mem.”). At that time, the government represented that the defendant had accepted responsibility, and it filed a motion for a downward departure pursuant to Section 5K1.1 of the United States Sentencing Guidelines (“U.S.S.G.” or “Guidelines”). At the initial sentencing hearing in December 2018, the Court raised concerns about proceeding to sentencing without “fully understanding the true extent and nature” of the defendant’s assistance. Hearing Transcript at 31, United States v. Flynn, No. 17-cr-232 (D.D.C. Dec. 18, 2018) (“12/18/2018 Hearing Tr.”). Upon a motion of the defendant predicated on a desire to “complete his cooperation” in the case of United States v. Bijan Rafiekian, No. 18-cr- 457, in the U.S. District Court for the Eastern District of Virginia (“EDVA”), the Court continued his sentencing. 12/18/2018 Hearing Tr. at 46-47. Case 1:17-cr-00232-EGS Document 150 Filed 01/07/20 Page 2 of 33 The defendant is now scheduled to be sentenced almost exactly three years from the date of his primary criminal conduct – lying to the FBI – and the intervening years have included periods where the defendant has sought to assist and aid the government, and periods where the defendant has sought to thwart the efforts of the government to hold other individuals, principally Bijan Rafiekian, accountable for criminal wrongdoing. Given the serious nature of the defendant’s offense, his apparent failure to accept responsibility, his failure to complete his cooperation in – and his affirmative efforts to undermine – the prosecution of Bijan Rafiekian, and the need to promote respect for the law and adequately deter such criminal conduct, the government recommends that the court sentence the defendant within the applicable Guidelines range of 0 to 6 months of incarceration. I. Background On December 1, 2017, the defendant entered a plea of guilty to a single count of “willfully and knowingly” making material false statements to the Federal Bureau of Investigation (“FBI”) regarding his contacts with the Government of Russia’s Ambassador to the United States (“Russian Ambassador”) during an interview with the FBI on January 24, 2017 (“January 24 interview”), in violation of 18 U.S.C. § 1001(a)(2). See Information, United States v. Flynn, No. 17-cr-232 (D.D.C. Nov. 30, 2017) (Doc. 1); Statement of Offense at ¶¶ 3-4, United States v. Flynn, No. 17-cr-232 (D.D.C. Dec. 1, 2017) (Doc. 4) (“SOF”). In addition, at the time of his plea, the defendant admitted making other material false statements and omissions in multiple documents that he filed on March 7, 2017, with the Department of Justice (“DOJ”) pursuant to the Foreign Agents Registration Act (“FARA”), which pertained to his work for the principal benefit of the Government of Turkey. See SOF at ¶ 5. These additional material false statements are relevant conduct that the Court can and should consider in determining where within the Guidelines range to sentence the defendant. 2 Case 1:17-cr-00232-EGS Document 150 Filed 01/07/20 Page 3 of 33 The defendant was initially scheduled to be sentenced by this Court on December 18, 2018, even though the defendant had not completed his cooperation. The parties sought to hold the hearing at that time because the defendant had expressed a desire to be sentenced as soon as possible. The government assented to his request because the sole outstanding area of cooperation pertained to the Rafiekian case, and the defendant had already testified under oath before a federal grand jury in that matter. The government expected that, in the event the Rafiekian case went to trial, the defendant would testify at trial consistent with that grand jury testimony and the Statement of Offense. In anticipation of that hearing, the parties filed sentencing memoranda. As part of its submission, the government requested that the Court grant a downward departure for providing substantial assistance to the government. The government provided a detailed accounting of the defendant’s assistance to the government in several ongoing investigations, including the investigation by the Special Counsel’s Office (“SCO”). See Addendum to Government’s Memorandum in Aid of Sentencing, United States v. Flynn, No. 17-cr-232 (D.D.C. Dec. 19, 2019) (Doc. 146) (“Addendum”). Notably, only the assistance he had provided in the Rafiekian case was deemed “substantial.” Id. at 2. The government recognized that “some of that benefit [of the defendant’s substantial assistance] may not be fully realized at this time,” but it represented that the government and the defendant “agree that sentencing at this time is nonetheless appropriate because sufficient information is available to allow the Court to determine the import of the defendant’s assistance to his sentence.” Id. at 2. In addition to asking the Court to credit the defendant with providing substantial assistance, the government recommended that the defendant receive credit for accepting responsibility. For the reasons detailed below, the government now withdraws both requests. 3 Case 1:17-cr-00232-EGS Document 150 Filed 01/07/20 Page 4 of 33 The defendant was not sentenced at the December 18 hearing. The Court first engaged in an “extension . of the plea colloquy.” Hearing Transcript at 5, United States v. Flynn, No. 17- cr-232 (D.D.C. Dec. 18, 2018) (“12/18/2018 Hearing Tr.”). Based upon the defendant’s responses, the Court found that the defendant entered his earlier guilty plea while “competent and capable.” Id. at 16. The Court then engaged in a colloquy with the government, during which the government represented that “based on the totality of the assistance that the defendant had provided at that point,” it believed that a motion for a downward departure based on his substantial assistance was warranted. Id. at 27. The government further stated that based not only on “the assistance he provided, but the nature of the investigations . , that the defendant had provided the vast majority of cooperation that could be considered,” concluding that the Court “was in a position to consider the vast majority of not just the cooperation, but the potential benefit of that cooperation.” Id. (emphasis added). The Court inquired whether the defendant could have been charged as a co-defendant in the Rafiekian case, and the government affirmed that the defendant could have been charged with various offenses in connection with his false statements in his FARA filings, consistent with his Statement of Offense. Id. at 28. With respect to sentencing, the Court reminded the defendant that he could be sentenced to a term of imprisonment, and reminded the defendant of the government’s representation that some of the benefit of his cooperation “may not be fully realized at this time.” Id. at 30. The Court then asked whether the defendant therefore wished to fully complete his cooperation with the government in order to improve potentially his sentence. Id. at 30-34, 44. The defendant noted that any remaining cooperation consisted of testifying at the Rafiekian trial, and requested that the Court continue the sentencing hearing. Id. at 46-47. It is within the government’s sole discretion to determine whether the defendant has “substantially assisted” the government. In light of the complete record, including actions 4 Case 1:17-cr-00232-EGS Document 150 Filed 01/07/20 Page 5 of 33 subsequent to December 18, 2018, that negate the benefits of much of the defendant’s earlier cooperation, the government no longer deems the defendant’s assistance “substantial.” Based on the defendant’s conduct since the time of the December 18, 2018, sentencing hearing, the government also does not believe the defendant should receive credit for acceptance of responsibility. Indeed, the government has reason to believe, through representations by the defendant’s counsel, that the defendant has retreated from his acceptance of responsibility in this case regarding his lies to the FBI. For that reason, the government asks this Court to inquire of the defendant as to whether he maintains those apparent statements of innocence or whether he disavows them and fully accepts responsibility for his criminal conduct. II. Factual Summary of the Defendant’s Conduct Relevant to Sentencing The underlying facts in this case should not be in dispute. As the Court has noted, the defendant admitted to the underlying criminal conduct “when he entered his guilty pleas in this case.” See Memorandum Opinion at 4, United States v. Flynn, No. 17-cr-232 (D.D.C. Dec. 16, 2019) (Doc. 144) (“Mem. Opinion”). At sentencing, just one year ago, the defendant reiterated that he “d[id] not take issue” with the government’s description of that conduct. See Defendant’s Memorandum in Aid of Sentencing at 7, United States v. Flynn, No. 17-cr-232 (D.D.C. Dec. 11, 2018) (Doc. 50) (“Def. Sent’g Mem.”). In his recent filings and statements, however, the defendant has disputed that conduct and the underlying facts.
Load more

Recommended publications
  • Comey Testimony Regarding Dossier
    Comey Testimony Regarding Dossier Plagiarized Rabi ingots no septicemia befalling insensibly after Erl shagging obliviously, quite free-and-easy. Is Crawford tetchy or hymenopterous when aerially.equalizing some bulrush spat auricularly? Mahmoud usually outhired point-device or vitalised cubically when trilingual Calhoun trepan marvellously and It was under your goal dividing us You never read that? Hillary Clinton is the kind children in disinformation that Russia is engaging in defence now. And we search, when question were first nominated to balloon the FBI Director. Was the team even aware of the information when they opened the investigation? Comey just made it sound clear Mueller is bellow to investigate obstruction of justice. Chairman, the convey of proxies, but occupy also recognized you were placed in a truly unprecedented situation. Tom cotton of much we believe that if not. And chestnut are continuing to push the Justice looking for noon from. Accountability and comey testimony regarding dossier asserts that have known liar, regarding intent to understand how do that you were responsible way? Now regarding the really appreciate having contact from comey testimony regarding dossier that individual for the people about the committee? Comey defends 'Crossfire Hurricane' damage but admits flaws. This creates a way? So that dossier linking president himself pushed back and justice our spectrum news expected committee testimony in forest hill in jest that comey testimony regarding dossier months previously that fbi. President might prompt the comey testimony regarding dossier is a dossier to comey if they do not what do you are agreeing to get to affect the.
    [Show full text]
  • Mueller Report Searchable Part 04
    U.S. Department of Justice Attorney-Work // Proteeted-Tnder appears to have been involved in an April 2016 approach to a U.S. congressional delegation in Moscow offering “confidential information” from “the Prosecutor General of Russia” about “interactions betweencertain political forces in our two countries.” Shortly after his June 3 call with Emin Agalarov, Goldstone emailed Trump Jr.** The emailstated: Good morning Emin just called-and asked me to contact youwith something very interesting, ‘The Crown prosecutorof Russia met with his father Aras this moming andin their meeting offered to provide the Trump campaign with someofficial documents andinformation that wouldincriminate Hillary and herdealings with Russia and would be very useful to yourfather. This is obviously very high level and sensitive information but is part of Russia and its government's support for Mr. Trump - helped along by Aras and Emin, What do you think is the best way to handlethis information and would you beable to speak to Emin aboutit directly? Ian also sendthis info to yourfather via Rhona, butit is ultra sensitive so wanted to sendto you first. Best Rob Goldstone Within minutes of this email, Trump Jr. responded, emailing back: “Thanks RobI appreciate that. Iam on the road at the momentbut perhaps I just speak to Eminfirst. Seems we have some time and if it’s what you say I loveit especially later in the summer. Could wedoa callfirst thing next week when I am back?*> Goldstone conveyed Trump Jr.’s interest to Emin Agalarov, emailing that Trump Jr. “wants to speak personally on the issue.”°®° On June 6, 2016, Emin Agalarov asked Goldstoneif there was“[a]ny news,” and Goldstone explained that Trump Jr.
    [Show full text]
  • Trump's Defense Argument Comes from an Alleged Russian
    Trump’s Defense Argument Comes From an Alleged Russian Military Intelligence Officer During the impeachment proceedings, congressional Republicans—especially ranking member Devin Nunes—have repeatedly advanced the conspiracy that the real collusion in 2016 was between the Democrats and Ukraine. This theory matches a conspiracy that President Donald Trump appeared to be referencing during his now-infamous call with Ukrainian President Volodymyr Zelensky on July 25. But Trump didn’t come up with this theory on his own: Recently revealed Mueller investigation documents indicate that it is part of a Russian disinformation campaign that came directly from an alleged Russian intelligence officer. According to underlying evidence from the Mueller probe, alleged Russian intelligence officer Konstantin Kilimnik was advancing this theory to the Trump campaign from as far back as 2016. • New documents revealed FBI notes, or “302 reports,” from an April 2018 interview with Trump’s former deputy campaign chairman Rick Gates. In these documents, Gates named Kilimnik as the source of this conspiracy theory: • Gates makes clear that Kilimnik was pushing the notion that “the hack could have been perpetrated by Russian operatives in Ukraine” and that Trump’s former campaign chair Paul Manafort, in turn, claimed that “the hack was likely carried out by the Ukrainians.” Kilimnik has ties to Russian intelligence and is under indictment in the United States. • Mueller described Kilimnik as an individual “who the FBI assesses to have ties to Russian intelligence”
    [Show full text]
  • Cyber Conflicts and Geopolitics the Mueller Investigation
    Cyber Conflicts and Geopolitics The Mueller Investigation Cyber espionage, interference in foreign elections and the theft of confidential information have all become prominent aspects and threats to cybersecurity over the past 20 years, especially within the United States. Election campaigns, particularly the 2016 presidential election, faced cyberattacks by foreign states trying to access and influence information. American adversaries such as China and Russia have been suspected and accused of committing cyberattacks on American intellectual property and interfering with the 2016 presidential election. In May 2017, the Justice Department appointed former FBI Director Robert S. Mueller III as a special counsel to oversee the investigation into ties between President Trump’s campaign and Russian officials. One aspect of this investigation focused on cyber intrusions – hacking, social media trolls, propaganda, WikiLeaks – all to discover who knew what, when, how and why. So, why did the investigation focus primarily on the Trump administration if Russian intelligence was behind the cyberattacks? The simple answer – collusion. Did President Trump or his administration know about the interferences and were they involved? After one year and 10 months, special counsel Robert Mueller completed his investigation, indicting 34 people – some of President Trump’s closest advisors and Russian intelligence operatives – revealing details of the sophisticated effort to affect the election.1 These indictments included charges for tax evasion, lying to Congress and to the FBI and witness tampering, amongst other serious charges. The majority of 1 Christal Hayes and Ashley Shaffer, “Your guide on Robert Mueller’s final report on Trump, Russia and what happens next,” USA Today, March 20, 2019, https://www.usatoday.com/story/news/politics/2019/03/20/robert-mueller-final-report-trump- russia-investigation-your-guide-what-to-expect/3143383002.
    [Show full text]
  • In the United States District Court for the Southern District of New York
    Case 1:18-cv-03501-JGK Document 216 Filed 01/17/19 Page 1 of 111 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK DEMOCRATIC NATIONAL COMMITTEE, ) Civil Action No. 1:18-cv-03501 ) JURY DEMAND Plaintiff, ) ) SECOND AMENDED v. ) COMPLAINT ) COMPUTER FRAUD AND ABUSE THE RUSSIAN FEDERATION; ) ACT (18 U.S.C. § 1030(a)) ARAS ISKENEROVICH AGALAROV; ) RICO (18 U.S.C. § 1962(c)) EMIN ARAZ AGALAROV; ) ) RICO CONSPIRACY (18 U.S.C. JOSEPH MIFSUD; ) § 1962(d)) WIKILEAKS; ) WIRETAP ACT (18 U.S.C. JULIAN ASSANGE; ) §§ 2510-22) DONALD J. TRUMP FOR PRESIDENT, INC.; ) ) STORED COMMUNICATIONS DONALD J. TRUMP, JR.; ) ACT (18 U.S.C. §§ 2701-12) PAUL J. MANAFORT, JR.; ) DIGITAL MILLENNIUM ROGER J. STONE, JR.; ) COPYRIGHT ACT (17 U.S.C. ) JARED C. KUSHNER; § 1201 et seq.) GEORGE PAPADOPOULOS; ) ) MISAPPROPRIATION OF TRADE RICHARD W. GATES, III; ) SECRETS UNDER THE DEFEND ) TRADE SECRETS ACT (18 U.S.C. Defendants. ) § 1831 et seq.) ) INFLUENCING OR INJURING ) OFFICER OR JUROR GENERALLY ) (18 U.S.C. § 1503) ) ) TAMPERING WITH A WITNESS, ) VICTIM, OR AN INFORMANT (18 ) U.S.C. § 1512) ) WASHINGTON D.C. UNIFORM ) TRADE SECRETS ACT (D.C. Code ) Ann. §§ 36-401 – 46-410) ) ) TRESPASS (D.C. Common Law) ) CONVERSION (D.C. Common Law) ) TRESPASS TO CHATTELS ) (Virginia Common Law) ) ) ) Case 1:18-cv-03501-JGK Document 216 Filed 01/17/19 Page 2 of 111 CONSPIRACY TO COMMIT TRESPASS TO CHATTELS (Virginia Common Law) CONVERSION (Virginia Common Law) VIRGINIA COMPUTER CRIMES ACT (Va. Code Ann. § 18.2-152.5 et seq.) 2 Case 1:18-cv-03501-JGK Document 216 Filed 01/17/19 Page 3 of 111 TABLE OF CONTENTS Page NATURE OF ACTION .................................................................................................................
    [Show full text]
  • Informational Materials
    Received by NSD/FARA Registration Unit 12/23/2020 8:36:08 AM Tuesday 12/22/20 This material is distributed by Ghebi LLC on behalf of Federal State Unitary Enterprise Rossiya Segodnya International Information Agency, and additional information is on file with the Department of Justice, Washington, District of Columbia. ‘Unlawful Conduct': US DoJ Sues Walmart for its Alleged Role in Fuelling Opioid Crisis Walmart The US opioid crisis started after health care providers began increasingly prescribing opioid medications, following reassurances from pharmaceutical companies in the late 1990s that patients would not become addicted, according to the US National Institute on Drug Abuse. Increased prescriptions and illegal sales led to widespread misuse. The Trump administration sued Walmart on Tuesday, accusing the multinational retail organization of helping to incite the US opioid epidemic by inadequately screening for questionable prescriptions despite warnings from its own pharmacists. According to a civil complaint filed Tuesday, the US Department of Justice (DoJ) has alleged that Walmart “unlawfully dispensed controlled substances from pharmacies it operated across the country and unlawfully distributed controlled substances to those pharmacies throughout the height of the prescription opioid crisis.” The complaint also states that Walmart’s alleged unlawful conduct caused hundreds of thousands of violations of the Controlled Substances Act, which regulates certain drugs. The DoJ is thus seeking injunctive relief and civil penalties, the latter of which could cost Walmart billions of dollars. “It has been a priority of this administration to hold accountable those responsible for the prescription opioid crisis. As one of the largest pharmacy chains and wholesale drug distributors in the country, Walmart had the responsibility and the means to help prevent the diversion of prescription opioids,” Jeffrey Bossert Clark, acting assistant attorney general of the DoJ's Civil Division, is quoted as saying in the department's release.
    [Show full text]
  • The Dossier As Disinformation: Why It Would Matter
    THE DOSSIER AS DISINFORMATION: WHY IT WOULD MATTER As I disclosed last month, I provided information to the FBI on issues related to the Mueller investigation, so I’m going to include disclosure statements on Mueller investigation posts from here on out. I will include the disclosure whether or not the stuff I shared with the FBI pertains to the subject of the post. When I wrote this post suggesting that Oleg Deripaska may have been in a position to make sure Christopher Steele’s Trump oppo research was filled with disinformation, a lot of people not only doubted that the dossier includes disinformation, but scoffed that even if it did it would matter. (See this post for more expert people talking about the possibility the dossier was seeded with disinformation.) In his testimony to the House Intelligence Committee, Fusion GPS’ founder Glenn Simpson said that the Democrats used the Steele dossier in an effort, “to help [] manage a, you know, exceptional situation and understand what the heck was going on.” The same, we know from an endless series of Devin Nunes-led stunts to conflate the dossier with the FBI investigation, was true of the FBI. The Democrats and the FBI used the dossier to figure out what was going on. So to the extent information in the dossier was deliberately inaccurate — particularly in cases where it conflicted with publicly known or (given geographic location and known Steele network) knowable, more accurate information — it would lead the Democrats and the FBI to make incorrect decisions about how to prepare against or investigate the Russian attack.
    [Show full text]
  • Open Thread: All in the Families?
    OPEN THREAD: ALL IN THE FAMILIES? This is an open thread dedicated to this morning’s news. By now many of you have heard that Alex van der Zwaan, a lawyer at mega- lawfirm Skadden, Arps, Slate, Meagher & Flom, was charged today by Team Mueller for making false statements while answering questions about his work for the Ukrainian Ministry of Justice in its case against Ukraine’s former prime minister Yulia Tymoshenko. The “materially false, fictitious, and fraudulent statements and representations” arose from questions about interactions related to Paul Manafort’s partner Rick Gates and “Person A.” [insert blogger’s laugh] Gee, I wonder who Person A could be? * You can read the short and sweet court filing here (pdf). These folks from Team Mueller signed the filing: Andrew Weissman, Greg Andres, Kyle Feeny, Brian Richardson. Add them and this assignment to Marcy’s bingo card Richardson is a new name, which Marcy noted, already wondering if he is Mystery Prosecutor 17? She’ll probably elaborate in a separate post. For a little background on Skadden Arps’ relationship to Ukraine, see this this NYT piece from September 21 last year: Skadden, Big New York Law Firm, Faces Questions on Work With Manafort There was related legal news last autumn — emphasis on related. Alfa Bank co-owners German Khan, Mikhail Fridman, and Peter Aven filed suit last October against Fusion GPS and Glenn Simpson claiming the Steele dossier was defamatory. Their reputations were “gravely” damaged as the dossier indicated they were engaged in criminal activity with Russia’s president Vladimir Putin.
    [Show full text]
  • Alex Van Der Zwaan
    Case 1:18-cr-00031-ABJ Document 19 Filed 03/27/18 Page 1 of 7 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA UNITED STATES OF AMERICA v. Crim. No. 18-31 (ABJ) ALEX VAN DER ZWAAN, Defendant. GOVERNMENT’S SENTENCING MEMORANDUM The government submits this memorandum in connection with the sentencing of Alex van der Zwaan scheduled for April 3, 2018. On February 20, 2018, van der Zwaan pleaded guilty to one count of making false statements in violation of 18 U.S.C. § 1001(a). The government does not take a position with respect to a particular sentence to be imposed. Instead, the government sets forth its view of the nature of the offense and offender. See 18 U.S.C. § 3553(a). In light of the statement of offense, the plea colloquy, the government’s description of the factual basis for the plea during the plea hearing, and the Presentence Report, the Court is already aware of the principal offense conduct. We underscore several points herein. In short, the defendant presents a scarcity of mitigating factors, and several aggravating circumstances. First, we note that the defendant is a lawyer who was trained at a major international law firm. Indeed, he had worked for almost a decade at his firm at the time of his interview with the Special Counsel’s Office in November 2017 at which he lied repeatedly, and prior to which he destroyed and failed to produce pertinent documents. Second, as explained in the statement of offense, the defendant appeared at the Special Counsel’s Office for an interview and lied regarding topics at the center of a significant Case 1:18-cr-00031-ABJ Document 19 Filed 03/27/18 Page 2 of 7 investigation into the criminal conduct of Paul J.
    [Show full text]
  • United States District Court for the District of Columbia in the Matter of the Application of the Associated Press; Cable News
    Case 1:18-mc-00041-ABJ Document 9 Filed 05/23/18 Page 1 of 21 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA IN THE MATTER OF THE APPLICATION OF THE ASSOCIATED PRESS; CABLE NEWS NETWORK, INC.; THE NEW YORK TIMES CO.; POLITICO LLC; AND WP CO., LLC, Case No. 1:18-mc-41 (ABJ) d/b/a THE WASHINGTON POST FOR ACCESS TO CERTAIN SEALED COURT RECORDS GOVERNMENT’S RESPONSE TO MOTION FOR PUBLIC ACCESS TO CERTAIN SEALED COURT RECORDS The United States of America, by and through Special Counsel Robert S. Mueller, III, files this response to the motion by a coalition of five media companies to unseal search warrant materials and other court records in the Special Counsel’s investigation. The movants seek unsealing of (1) the warrants, applications, supporting affidavits, and returns relating to all search, seizure, and Stored Communications Act warrants pertaining to the Special Counsel’s investigation into Russian efforts to interfere in the 2016 presidential election; and (2) certain records from the pending prosecution in United States v. Manafort, No. 17-cr-201-ABJ (D.D.C.), including sealed hearing transcripts. The request for broad unsealing of search warrant materials should be denied. The Special Counsel’s investigation is not a closed matter, but an ongoing criminal investigation with multiple lines of non-public inquiry. No right of public access exists to search warrant materials in an ongoing investigation. A First Amendment right of access can be found only where a long and unbroken history of public access exists and where access would play a significant positive role in the governmental process.
    [Show full text]
  • Trump-Russia Dossier
    TRUMP-RUSSIA DOSSIER In January 2017, a dossier compiled by a former British spy, Christopher Steele, for Republican and Democratic political operatives was published by BuzzFeed News. The dossier included dozens of claims about Donald Trump’s personal, political, and business ties to Russian officials and alleged that Trump and his campaign knew about and conspired in the hacking of the Democratic National Committee’s email system in exchange for relaxed sanctions against Russia should Trump win. Many of the dossier’s claims had not been verified as of February 2018, though many were supported by circumstantial evidence such as similarities with the Office of the Director of National Intelligence’s findings and the public statements of Trump campaign officials. However, a significant link between the Russian government and the Trump campaign was established in July 2017, when it was disclosed that Donald Trump Jr. had attempted to get compromising information about Hillary Clinton from an apparent Russian government source. Donald Trump Jr. exchanged 16 emails – under the subject line “Russia - Clinton - private and confidential” – with Rob Goldstone, a publicist the Trumps had worked with during the 2013 Miss Universe pageant, which was brought to Moscow by businessman Aras Agalarov and his son Emin. In the emails, Goldstone told Trump Jr. that the elder Agalarov had met with the “crown prosecutor of Russia” and the Kremlin wanted to provide the Trump campaign with material that would “incriminate Hillary and her dealings with Russia.” Promising that the Russian government was hoping to provide Trump Jr. with information that “would be very useful to your father,” Goldstone and Emin Agalarov arranged for Trump Jr., Jared Kushner, and Paul Manafort to meet with Natalia Veselnitskaya, a Russian lawyer with ties to the Kremlin, and Rinat Akhmetshin, a former Soviet soldier with ties to Russian intelligence, on June 9, 2016, at Trump Tower.
    [Show full text]
  • JURY QUESTIONNAIRE Instructions for Jury Questionnaire
    Case 1:17-cr-00201-ABJ Document 400 Filed 09/05/18 Page 1 of 27 JURY QUESTIONNAIRE Instructions for Jury Questionnaire This questionnaire is designed to obtain information about your background as it relates to your service as a juror in this case. We are using it to shorten the jury selection process. The purpose of these questions is to determine whether prospective jurors can impartially decide this case based solely on the evidence presented at trial and the instructions on the law given by the judge. All information contained in this questionnaire will be kept confidential and under seal. Please write your assigned juror number at the top of each page. Respond to each question. Your candor and honesty are necessary so that both the prosecution and the defense will have a meaningful opportunity to select an impartial jury. Your cooperation is of vital importance. You are sworn to give true and complete answers, and those answers will be available only to the Court and the parties in this case. You are instructed not to discuss this case or the questionnaire with anyone, including your family and fellow jurors. Please fill out the entire questionnaire. Do not leave any questions blank. If a question does not apply to you in any way, write “N/A” rather than leaving the form blank. PLEASE PRINT LEGIBLY - PLEASE USE ONLY BLACK OR BLUE INK (NO PENCILS) Case 1:17-cr-00201-ABJ Document 400 Filed 09/05/18 Page 2 of 27 Juror Number: ____________ Personal Information 1. Name: ______________________________________________________________ 2.
    [Show full text]